RS 00203.001: Entitlement and Non-Entitlement Provisions for Child’s Benefits
Effective Dates: 01/12/2017 - Present TN 16 (09-11) RS 00203.001 Child's Benefits for Entitlement and Non-Entitlement Provisions
Social Security Act § Sections -- 202(d) , 202(k) , 202(m) , 202(n) , 202(t) , 202(u) , 203(b) , 203(c) , 203(d) , 216(e) , 216(k) Regulations 20 CFR -- Sections 404.350-404.366 , RS 00203.001 - Child's Benefits - Entitlement and Non-Entitlement Provisions A. Policy for entitlement 1. General entitlement information for child’s benefits To be entitled to child's benefits, a parent or representative must have filed an application for child's benefits and must be: * the child of a number holder (NH) entitled to a retirement insurance benefit RIB or disability insurance benefit (DIB) benefits, or of an NH who died fully or currently insured after 03/31/38. (For definition of child, see RS 00203.001C in this section.) * dependent upon that NH (for support information, see RS 01301.000). * unmarried. (See RS 00203.020 - When a Child Who Has Been Married May Be Considered “Unmarried”). * under age 18; or if age 18 or over, be:
- * under a disability that began before age 22, or
* a full-time elementary or secondary school student under age 19. NOTE: For entitlement of a child over age 19 as a student, see RS 00205.001. NOTE: For re-entitlement for a child beneficiary, see RS 00203.015 - Re-entitlement Requirements for Child's Benefits
- 2. Retroactivity for child’s benefits
Even though a child no longer meets all the requirements in RS 00203.001A.1., we may establish entitlement for months in the retroactive period of the claimant’s application that meets all requirements. EXAMPLE: A married child who files an application may be entitled for months in the retroactive period before the month of marriage. B. Policy for non-entitlement of child’s benefits Even though a child may meet the requirements in RS 00203.001A in this section, there is no entitlement if: * the Railroad Retirement Board (RRB) has jurisdiction over the survivor's claim (for information on RRB, see RS 01601.130 through RS 01601.300), or * the child has a conviction of felonious and intentional homicide of the NH, or was found to have killed the NH by an act that, if committed by an adult, would be considered a felony. (For information on homicide by a child, see GN 00304.070 through GN 00304.080.) C. Definition of child The term child includes the following types of children: * Natural legitimate child, GN 00306.010 * Child of void or voidable marriage, GN 00306.030 * Legitimated child, GN 00306.050 * Illegitimate child with inheritance rights, GN 00306.055 * Child of invalid ceremonial marriage, GN 00306.090 * Child under section 216(h)(3) of the Act, GN 00306.100 * Legally adopted child, GN 00306.135 * Equitably adopted child, GN 00306.175 * Step-child, GN 00306.230 * Grandchild or step-grandchild of NH or spouse, GN 00306.235 D. Policy for hospital insurance (HI) and supplementary medical insurance (SMI) entitlement A child entitled based on a disability, which has been entitled as a disabled child for 24 consecutive calendar months, is entitled to hospital insurance (HI) benefits beginning with the 25th consecutive month. The child is also eligible for the supplementary medical insurance (SMI) program at the same time. (For information on medical insurance, see HI 00801.146.)
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